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Original poster

Council tax..... court summons

69 replies

Socksey · 15/01/2018 08:03

Hi....
Posting here for traffic as I need to call at 9am.
I have council tax to pay.... not disputing that.
My income is irregular so pay my council tax in irregular amounts as if I set up a direct debit it may sometimes bounce.
I have had letters from the council tax about non-payment.... I have also contacted them each time and been told it's ok and to keep paying.... so im in regular contact and making payments..... Last one was end November I think.
I got a court summons on Saturday.... there is £200 due on a £1700 Bill, which is less than I would have outstanding if I was paying by 12 month direct debit..... i cant do the 12 monrh dd as it might bounce etc
I am going to call them again today.
But I can't pay this off by the end of the month but I can by the end of March. If it goes to court they won't get the money any faster as I can't make it appear.
Does anyone have any advice before I call them?
Thanks

OP posts:
Biggreygoose · 15/01/2018 08:27

Don't panic.

Been in that situation before. I just rang and set up a payment plan over the phone.

Never needed to go near a court.

lalalalyra · 15/01/2018 08:27

Phone them and speak to them again. The system is automated so if you've not paid since Nov it'll automatically go to to court stage.

Once they see you are not in arrears (I had this once when I paid two months at the same time and then later the system thought I'd missed s month) they should set up a payment plan for the rest of the year.

You are allowed to pay over 12 months, but you have to speak to them. And it can be more expensive if your council offers a discount for paying over 10.

EveryoneTalkAboutPopMusic · 15/01/2018 08:27

She would have to owe over £5k though before they went for Bankruptcy.

Original poster
Socksey · 15/01/2018 08:27

To everyone who thinks I have massive arrears.... I dont.... only less than 2 months payment which I would normally have until March... or 2 months to pay.... which is why I didn't think thete was a problem....

OP posts:
Cakedoesntjudge · 15/01/2018 08:28

Don't panic - I had this recently. Just call them and explain to them exactly which date the money will be available and pay it then. As others have said, the court summons isn't actually a summons as such, as in, you aren't expected to appear (in fact, my dad turned up to one for my little brother once, missing a day at work to be met with someone looking completely baffled who explained there isn't even a proper hearing and was nothing for him to attend). They would just set up a payment plan. You've been in touch with them and you are paying so don't worry.

EveryoneTalkAboutPopMusic · 15/01/2018 08:28

Amy arrears in Council Tax is a problem though...

RandomMess · 15/01/2018 08:29

I think the issue had only happened because you have made £0 payment in December and January.

I would offer to pay £5 per week so regular payments are being made then the additional lump sums as and when before the end of March.

EveryoneTalkAboutPopMusic · 15/01/2018 08:31

Cake that’s not technically true. It sounds as though they were going for a Liability Order and yiu can attend those, although it’s rare. Most people are advised to right to the Court asking for an adjournment.

Once the liability order is granted the Council can come after you for the debt in any way they feel fit, bailiffs, attachment of earnings order, charging order, CCJ.

OP is it a liability order that they are after?

Original poster
Socksey · 15/01/2018 08:31

I didn't make £0 in December but £200... and £150 in January

OP posts:
BarbaraofSevillle · 15/01/2018 08:31

You need help to recover your DHs wages. Was it self employed or employed income. Is the company that owes him money still trading? Do they owe others similar amounts. Can he get advice on this and threaten court action.

It's too much for the small claims court and he will probably need to take court action in the country where he did the work but maybe business debtline might be able to help if Stepchange or CAB can't.

Original poster
Socksey · 15/01/2018 08:32

It's a court summons... not sure of the difference . ... but a hearing on 31st January

OP posts:
Original poster
Socksey · 15/01/2018 08:34

I've been trying to persuade DH to get legal with his wages for a long time.... one person did and was successful but they are l9ng term residents in that countrybwhete my DH is a UK citizen working there under a work permit.. ..

OP posts:
aaaaargghhhhelpme · 15/01/2018 08:35

Isn't it because council tax by direct debit is normally paid off by now? So it's divided up by ten months and the last two are 'free' as it were? Maybe that's why they're saying you're in arrears

Sorry I'm not much help. I echo Cab. And if you have references of when you spoke to people about payments. And proof of your continued payments.

I'm confused about your dhs pay. And that amount of outstanding pay is very worrying. Is there nothing you can do to chase it up.

EveryoneTalkAboutPopMusic · 15/01/2018 08:35

WEll a Court summons will come directly from the Court and will say something along the lines of “You are Summonsed to appear before the Magistrates...” hence the name summons Smile

Original poster
Socksey · 15/01/2018 08:36

Our council you can have the dd in10 or 12 months

OP posts:
scotchpie · 15/01/2018 08:38

Is this for the current year2017/2018?

RandomMess · 15/01/2018 08:40

Eek they obviously expected it to be paid in full rather than over 10 months. Don't suppose you've got dates and times that you called?

Hindsight is wonderful Sad you should have got it all put in writing Sad

aaaaargghhhhelpme · 15/01/2018 08:40

Do you have it written anywhere them agreeing to your as job payment?

Ah sorry. I only know we do ten month dd. I'm just concerned that it doesn't fit in to any of their 'options' (neither ten nor twelve month dd) it's automatically triggered something. But if you have it in writing that they've seen you're paying that would help

NeedsAsockamnesty · 15/01/2018 08:41

Just ring them and ask them if they meant to issue it given you are ahead of their own payment timetable by £100.

Theresnonamesleft · 15/01/2018 08:41

It will because you haven’t made a payment since November.
It’s at their discretion if they accept 12 months instead of 10. You should have been told to maintain 12 months they need payment every month. It’s doesnt have to be on the first, mine is at the end of the month.

Is there anyway you can pay something today? Even if it’s £20? Borrow from someone.

If you can make a payment this will really help you. Explain the situation. Hopefully you have been writing their full names down. And have a feasible plan in your head so that by the middle of March it’s cleared. This will help you.

If they are still not budging don’t panic. I know it’s easier said than done. Carry on paying even after you have had the summons. You can also go to court and explain yourself there.

My experience dealing with them was having the debt with the bailiffs and getting back to council tax and setting up a feasible plan. When I started engaging with them, they were really helpful.

Once you have dealt with them start with the credit card companies and loans and request a pause on the interest.

Any debts that have been passed to bailiffs you can 3 letter process them to get the debt sent back to the original company and deal with them direct.

MrTrebus · 15/01/2018 08:49

How can he be on 100k abroad and minimum wage here? Makes no sense. If it's a middle East country don't bother going legal, however those countries are usually good at paying. I think he needs to concentrate on bringing in better income. Do you have a mortgage?Does he not realise your home is at stake? Is there anything you can do to get a regular income? This Is definitely a case of only you as a family can change your situation. Don't worry though they won't take you to court over £200 with proof of payments so far etc etc you're panicking over 1 part of your situation with no need, but your situation as a whole does need sorting ASAP by the sounds of it. CAB can be helpful in this situation but the foreign income may complicate things.

Stoptherideiwannagetoff · 15/01/2018 08:53

First off, Don't Panic! They can't hurt you, they can't abuse you, or take your home, or get blood out of a stone. If it goes as far as court, you get another letter, then a knock on the door from bailiffs. Again, they cannot hurt you. They might be a bit stroppy but that's all. It will show on your credit record as a late payment not a non payment (make sure they update this when all paid off) Chances are you will have this paid before it comes to that point. Call the council again, speak to Cab and chase the wages. A lot of people are in the same boat up shit creek once in a while - at least you are trying to pay!

HotelEuphoria · 15/01/2018 08:56

Isn't it because council tax by direct debit is normally paid off by now? So it's divided up by ten months and the last two are 'free' as it were? Maybe that's why they're saying you're in arrears

that's what I was going to say. My last DD is 20th January, then I get two "free" months Feb/Mar before it starts again 20th April.

RB68 · 15/01/2018 08:56

I wish people would actually read what the OP writes...

GiraffesAreNotShort · 15/01/2018 08:56

I used to work for them, it will still go to court even if you set up a payment plan at this stage.

The reason being, is because you have already defaulted more than once on the existing payment plan. You have to have done to receive the court summons.

The key word in all of this is tax so the court order grants the council further power to recover the monies owed. This includes attachment to earnings (taken directly from a salary from your employer) or in the case of self employed people they can bailiff your property.

Legally it is a 10 month payment plan with the council each time you get the new bill payments running from 1st April and the final one on 1st January. It is at the discretion of the council to extend this into a 12 month payment plan.

The good news is you have been paying, all along, maybe not the right amount at the right time but you have. And you have been in contact with them all the way through.

There is a huge difference between people who won't pay and then you, people who can't pay. We would bend over backwards to accommodate someone like you. We never judged those who couldn't pay. If you think the council tax workers were on good money you would be wrong Grin

We were a tiny council and ran thousands of these through the court each time. You are not alone. Ring up, do not worry. Explain when you can make a payment. But it will still go through the court for a "liability order."

You don't need to go to court, all it is is a large pile of papers that the judge stamps to say you are the people liable for the council tax and that should you not pay the council can take it further.

Just remember, this all starts again in April.

Good luck. Hope you read this before your phone call.

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